js-6 jonathan e. nuechterlein general counsel · case no. cv 13-8843 jfw (plax) final order for...
Post on 03-Aug-2020
2 Views
Preview:
TRANSCRIPT
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 1 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JONATHAN E. NUECHTERLEIN General Counsel CHARLES A. HARWOOD Regional Director LAURA M. SOLIS (WA Bar No. 36005) Email: lsolis@ftc.gov JULIE K. MAYER (WA Bar No. 34638) Email: jmayer@ftc.gov SOPHIE H. CALDERÓN (CA Bar No. 78135) Email: scalderon@ftc.gov Federal Trade Commission 915 Second Avenue, Suite 2896 Seattle, WA 98174 Telephone: (206) 220-6350 / Facsimile: (206) 220-6366 RAYMOND E. McKOWN (CA Bar No. 150975) Email: rmckown@ftc.gov Federal Trade Commission 10877 Wilshire Blvd., Suite 700 Los Angeles, CA 90024 Telephone: (310) 824-4325 / Facsimile: (310) 824-4380 Attorneys for Plaintiff Federal Trade Commission STEPHEN G. LARSON (CA Bar 145225) MICHAEL M. KOWSARI (CA Bar 186899) ARENT FOX LLP 555 West Fifth Street, 48th Floor Los Angeles, CA 90013-1065 Telephone: (213) 629-7400 / Facsimile: (213) 629-7401 Email: stephen.larson@arentfox.com
michael.kowsari@arentfox.com Attorneys for Defendants CREAM GROUP, INC., SAMI CHARCHIAN, and Relief Defendants SPRING ACRES, LLC, and BAHAREH RAMIN
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
FEDERAL TRADE COMMISSION, Plaintiff, v. CREAM GROUP, INC., also d/b/a Terra Nova, TNT, Inc., and CRM, Inc., a California Corporation, et al., Defendants.
Case No. CV 13-8843 JFW (PLAx) FINAL ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT AGAINST DEFENDANTS CREAM GROUP, INC., AND SAMI CHARCHIAN AND FOR MONETARY RELIEF AS TO RELIEF DEFENDANTS SPRING ACRES, LLC, AND BAHAREH RAMIN
JS-6
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 1 of 27 Page ID #:1711
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 2 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Plaintiff, the Federal Trade Commission (“Commission” or “FTC”), filed
its Complaint for Permanent Injunction and Other Equitable Relief, for a
permanent injunction and other equitable relief in this matter, pursuant to Sections
13(b) and 19 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§
53(b) and 57b, and the Telemarketing and Consumer Fraud and Abuse Prevention
Act (“Telemarketing Act”), 15 U.S.C. §§ 6101-6108. On December 3, 2013, the
Court entered a temporary restraining order against Defendants (Doc. 20). The
Court entered a Stipulated Preliminary Injunction on January 9, 2014 (Doc. 32).
On April 2, 2014, the FTC amended its Complaint (“First Amended Complaint”)
(Doc. 58), adding claims against Relief Defendants Spring Acres, LLC, and
Bahareh Ramin. Through counsel, the Commission and Defendants Cream
Group, Inc., and Sami Charchian (“Stipulating Defendants”) and Relief
Defendants Spring Acres, LLC, and Bahareh Ramin (“Relief Defendants”)
stipulate to the entry of this Stipulated Order for Permanent Injunction and
Monetary Judgment Against Defendants Cream Group, Inc., and Sami Charchian
and for Monetary Relief as to Relief Defendants Spring Acres, LLC, and Bahareh
Ramin (“Order”) to resolve all matters in dispute in this action between them.
THEREFORE, IT IS ORDERED as follows:
FINDINGS
1. This Court has jurisdiction over this matter.
2. The First Amended Complaint charges that Defendants participated
in deceptive acts or practices in violation of Section 5(a) of the FTC Act,
15 U.S.C. § 45(a), and the FTC’s Telemarketing Sales Rule (“TSR”), 16 C.F.R.
Part 310. The First Amended Complaint seeks both permanent injunctive relief
and equitable monetary relief for Defendants’ deceptive acts or practices as
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 2 of 27 Page ID #:1712
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 3 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
alleged therein, and disgorgement from Relief Defendants of all funds and assets
received by them that are traceable to Defendants’ unlawful acts or practices.
3. Stipulating Defendants and Relief Defendants neither admit nor deny
any of the allegations in the First Amended Complaint, except as specifically
stated in this Order. Only for purposes of this action, Stipulating Defendants and
Relief Defendants admit the facts necessary to establish jurisdiction.
4. Stipulating Defendants and Relief Defendants waive any claim that
they may have under the Equal Access to Justice Act, 28 U.S.C. § 2412,
concerning the prosecution of this action through the date of this Order. The
Commission, Stipulating Defendants, and Relief Defendants shall each bear their
own costs and attorney fees incurred in this action.
5. Stipulating Defendants, Relief Defendants, and the Commission
waive all rights to appeal or otherwise challenge or contest the validity of this
Order.
6. Entry of this Order is in the public interest.
DEFINITIONS
For purposes of this Order, the following definitions apply:
A. “Corporate Defendant” means Cream Group, Inc., also d/b/a Terra
Nova, TNT, Inc., and CRM, Inc., and its successors, assigns, affiliates, and
subsidiaries.
B. “Defendants” means the Individual Defendants and the Corporate
Defendant, individually, collectively, or in any combination.
C. “Electronic Data Host” means any person or entity that stores,
hosts, or otherwise maintains electronically-stored information.
D. “Financial Institution” means any bank, savings and loan
institution, credit union, or any financial depository of any kind, including, but
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 3 of 27 Page ID #:1713
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 4 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
not limited to, any brokerage house, trustee, broker-dealer, escrow agent, title
company, commodity trading company, or precious metal dealer.
E. “Individual Defendants” means Sami Charchian, also d/b/a Oro
Marketing, Inc., Modo, Modo Industry, Oro Max, Casa de Oro, Casa de Moda,
Oro Mundo, and Nation/Modo; and John Charchian, a/k/a Djahangir Charchian
and Jahangir John Charchian, also d/b/a Oro Marketing, Inc., Modo, Modo
Industry, Oro Max, Casa de Oro, Casa de Moda, Oro Mundo, and Nation/Modo,
by whatever other names each may be known.
F. “Liquidator Receiver” means the liquidator receiver appointed in
this Order. The term “Liquidator Receiver” also includes any deputy receivers as
may be named by the Liquidator Receiver.
G. “Receiver” means the permanent receiver appointed in the Stipulated
Preliminary Injunction (Doc. 32). The term “Receiver” also includes any deputy
receivers as may be named by the Receiver.
H. “Receivership Defendant” means Cream Group, Inc., also d/b/a
Terra Nova, TNT, Inc., and CRM, Inc., and its successors, assigns, affiliates, and
subsidiaries, including, but not limited to, Applied Design Services, Inc., and CA
Mart, and any related d/b/a used by any of the Individual Defendants, including,
but not limited to, Oro Marketing, Inc., Modo, Modo Industry, Oro Max, Casa de
Oro, Casa de Moda, Oro Mundo, and Nation/Modo, and each of them by
whatever names each might be known.
I. “Relief Defendants” means Bahareh Ramin and Spring Acres, LLC,
and its successors, assigns, subsidiaries, affiliates.
J. “Stipulating Defendants” means Corporate Defendant and
Individual Defendant Sami Charchian, also d/b/a Oro Marketing, Inc., Modo,
Modo Industry, Oro Max, Casa de Oro, Casa de Moda, Oro Mundo, and
Nation/Modo.
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 4 of 27 Page ID #:1714
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 5 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
K. “Telemarketing” means a plan, program, or campaign which is
conducted to induce the purchase of goods or services or a charitable contribution,
by use of one or more telephones and which involves more than one interstate
telephone call. The term does not include the solicitation of sales through the
mailing of a catalog which: contains a written description or illustration of the
goods or services offered for sale; includes the business address of the seller;
includes multiple pages of written material or illustrations; and has been issued
not less frequently than once a year, when the person making the solicitation does
not solicit customers by telephone but only receives calls initiated by customers in
response to the catalog and during those calls takes orders only without further
solicitation. For purposes of the previous sentence, the term “further solicitation”
does not include providing the customer with information about, or attempting to
sell, any other item included in the same catalog which prompted the customer’s
call or in a substantially similar catalog.
ORDER
I. PERMANENT BAN ON TELEMARKETING
IT IS ORDERED that Stipulating Defendants are permanently restrained
and enjoined from participating in Telemarketing, or assisting others engaged in
Telemarketing, whether directly or through an intermediary.
II. PROHIBITION AGAINST MISREPRESENTATIONS
IT IS FURTHER ORDERED that Stipulating Defendants, Stipulating
Defendants’ officers, agents, servants, employees, and attorneys, and all other
persons in active concert or participation with any of them, who receive actual
notice of this Order, whether acting directly or indirectly, in connection with the
advertising, marketing, promotion, offering for sale, sale, or distribution of, any
good or service, are permanently restrained and enjoined from misrepresenting, or
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 5 of 27 Page ID #:1715
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 6 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
assisting others in misrepresenting, expressly or by implication, any material fact,
including, but not limited to, the following:
A. That consumers will receive:
1. Well-known or brand-name merchandise; or
2. Merchandise at low or wholesale prices;
B. That consumers who pay for or accept additional shipments of
merchandise will receive:
1. The well-known or brand-name goods they ordered; or
2. A refund of the amount they paid;
C. That any adverse action will be taken against any consumer,
including, but not limited to, legal actions, fines, damage to consumers’ credit
history, garnishment of income and bank accounts, arrest, or reporting consumers
to immigration authorities;
D. Any material aspect of the performance, efficacy, nature, or central
characteristics of any good or service, including, but not limited to, the quality or
manufacturer of merchandise;
E. Any material aspect of the nature or terms of any refund,
cancellation, exchange, or repurchase policy, including, but not limited to, that
customers will be granted refunds if they pay for additional goods;
F. The total costs to purchase, receive, or use, or the quantity of, goods
or services; and
G. Any material restriction, limitation, or condition on purchasing,
receiving, or using a good or service.
III. MONETARY JUDGMENT
IT IS FURTHER ORDERED that:
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 6 of 27 Page ID #:1716
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 7 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. Judgment in the amount of Five Million, One Hundred Seventy
Thousand, Nine Hundred Fifty Three Dollars ($5,170,953.00.) is entered in favor
of the Commission against Stipulating Defendants, jointly and severally.
B. Stipulating Defendants and Relief Defendants are ordered to pay to
the Commission as follows:
1. Within twenty four (24) months of entry of this Order,
Individual Defendant Sami Charchian must secure and pay to the Commission the
amount of Six Hundred Fifty Thousand Dollars ($650,000.00). Payment shall be
made to the Commission by electronic fund transfer in accordance with
instructions provided by a representative of the Commission.
2. Within seven (7) days of entry of this Order, Individual
Defendant Sami Charchian and Relief Defendants shall take the following actions
with respect to the following real properties (collectively the “Real Property”): (1)
5037 Opal Ave., Palmdale, California 93552; (2) 2559 W. Paxton Ave., Palmdale,
California 93551; (3) 2537 Wicopy Court, Palmdale, California 93551; (4) 5776
Expedition Way, Palmdale, California 93552; (5) 3709 Saddleback Drive,
Palmdale, California 93552; and (6) 3222 Rollingridge Ave., Palmdale, California
93550; including, but not limited to, the land, buildings, and any and all fixtures,
appurtenances, and improvements, except anything owned by a tenant or third
party and not owned by Individual Defendant Sami Charchian or Relief
Defendants:
a. Transfer possession, custody, and control of the Real Property
to the Liquidator Receiver. The Liquidator Receiver shall be permitted to list the
Real Property for sale upon entry of this Order;
b. Authorize the sale of the Real Property to be conducted in the
manner described in this Subsection III.B. All net proceeds of that sale, after all
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 7 of 27 Page ID #:1717
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 8 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
necessary expenses of the Liquidator Receiver are paid pursuant to Section V. of
this Order, shall be paid to the Commission;
c. Represent and warrant that they are the sole owners of the
Real Property and that they have the authority to sell the Real Property;
d. Represent and acknowledge that the properties identified in
this Subsection III.B. are currently unencumbered by any other lien, mortgage,
deed of trust, assignment, pledge, security interest, or other interest except as
disclosed to the Commission in the financial representations referenced in
Subsection III.D.;
e. Cooperate fully with the Liquidator Receiver and take such
other steps as the Liquidator Receiver may require in connection with the listing,
marketing, and sale of the Real Property;
f. Within five (5) days after entry of this Order take all steps
requested by the Liquidator Receiver to assist and cooperate with the Liquidator
Receiver in the sale of the Real Property, including the provision of all
documents, contracts, and leases related to the Real Property, and any utility bills
and account information, including any passwords necessary to change such
accounts;
g. Sign any documents necessary for the sale of the Real
Property, including, but not limited to, any powers of attorney that the Liquidator
Receiver may request them to sign in connection with the sale of the Real
Property and any documents necessary for the transfer of the Real Property to
new buyers, as well as any documents necessary to transfer any accounts, mail, or
notices related to the Real Property to the Liquidator Receiver;
h. Cooperate fully and not interfere with the Liquidator
Receiver’s efforts to enter onto, market, and sell the Real Property, including, but
not limited to, the Liquidator Receiver’s efforts to gain access to and show the
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 8 of 27 Page ID #:1718
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 9 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Real Property to prospective purchasers or brokers or to evaluate or cause its
agents, representatives, or contractors to maintain, repair, restore, and evaluate the
condition of the property from the entry of this Order and thereafter. Upon
request of the Liquidator Receiver, Defendant Sami Charchian and Relief
Defendants shall provide a set of all keys and/or codes used for the Real Property
to the Liquidator Receiver and/or its agent(s);
i. Until possession, custody, and control of the Real Property is
transferred to the Liquidator Receiver, maintain property and liability insurance
on the Real Property for at least its replacement value; remain current on all
amounts due and payable on the Real Property, including, but not limited to,
taxes, utilities, reasonable and necessary maintenance, homeowner’s assessments,
sewer and/or water use charges and similar fees; and promptly provide the
Commission and the Liquidator Receiver with written paid receipts to the
satisfaction of Commission representatives and the Liquidator Receiver upon the
transfer of the Real Property. In the event that the Real Property suffers any loss
or damage covered by any applicable insurance policy prior to the transfer of the
Real Property to the Liquidator Receiver, Individual Defendant Sami Charchian
and Relief Defendant Bahareh Ramin shall make such claims as are permitted by
the insurance policy and shall assign or remit any insurance payment they receive
as a result of such loss or damage to the Commission. Upon transfer of
possession, custody, and control of the Real Property to the Liquidator Receiver,
the Liquidator Receiver shall maintain property and liability insurance and use its
best efforts to include Individual Defendant Sami Charchian and Relief
Defendants as additional insured parties until such time as they no longer own and
maintain title to the Real Property. Nothing in this Order requires Individual
Defendant Sami Charchian or Relief Defendants to pay any amount relating to or
concerning the Real Property, including, but not limited to, any taxes, insurance,
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 9 of 27 Page ID #:1719
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 10 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
homeowner’s assessments, maintenance, and similar fees, arising or incurred after
Individual Defendant Sami Charchian and Relief Defendants transfer possession,
custody, and control of the Real Property to the Liquidator Receiver;
j. Take no action to diminish or encumber the value of the Real
Property;
k. Upon entry of this Order, notify all tenants in the Real
Property as follows:
(i) that a Liquidator Receiver has been appointed to sell the
Real Property and is in charge of the Real Property;
(ii) that all rents shall be paid to the Liquidator Receiver;
(iii) that all requests concerning the Real Property should be
made to the Liquidator Receiver; and
(iv) that they are required to cooperate with the Liquidator
Receiver;
l. Upon transfer of possession, custody, and control of the Real
Property to the Liquidator Receiver, which transfer shall occur within seven (7)
days of entry of this Order, Individual Defendant Sami Charchian and Relief
Defendants shall no longer receive any rent, or anything of value, for the Real
Property, and shall immediately turn over any rents received since entry of this
Order to the Liquidator Receiver;
m. Within seven (7) days of entry of this Order, transfer to the
Liquidator Receiver any security deposits or other payments that any tenants of
the Real Property have paid to or deposited with Individial Defendant Sami
Charchian and Relief Defendants in connection with any leases or contracts with
respect to the Real Property;
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 10 of 27 Page ID #:1720
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 11 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
n. Within three (3) days after entry of this Order, provide a list to
the Liquidator Receiver setting forth the names of all tenants in the Real Property
and their contact information, including any phone numbers and e-mail addresses;
o. Upon sale of the Real Property, forever waive, release,
discharge, and disclaim all right, title, and interest, including any homestead, in
the Real Property;
p. All ad valorem taxes, any transfer fees, recording fees, other
fees, advertising, and any commissions associated with or resulting from the sale
of the Real Property shall be paid from the proceeds of the sale at the time the
Real Property is sold; and
q. In no way profit from the sale of the Real Property, including
by sharing in any sales commission or fee, or by receiving anything of value in
kind.
3. Within seven (7) days of the date of entry of this Order, Individual
Defendant Sami Charchian and Relief Defendant Bahareh Ramin shall promptly
take all steps necessary to sell the following vehicles: (i) a 2009 Mercedes-Benz
AMG and (ii) a 2008 Murc 640 Lamborghini (collectively the “Vehicles”) for fair
market value to a third-party buyer, and pay to the Commission the proceeds of
the sale, after paying off any existing loan or other monetary obligation owed on
the Vehicles, subject to the following:
a. Individual Defendant Sami Charchian and Relief Defendant
Bahareh Ramin represent that no encumbrances have been added to the vehicles
since the Court’s entry of the Temporary Restraining Order on December 3, 2013,
and that they will not add any such encumbrances after signing this Order, except
as needed to secure their performance under this Subsection.
b. Individual Defendant Sami Charchian and Relief Defendant
Bahareh Ramin shall keep the Vehicles in conditions suitable for showing to
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 11 of 27 Page ID #:1721
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 12 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
prospective purchasers; sign the contracts for sale of the Vehicles; sign all
documents necessary or appropriate for the transfer of the Vehicles to new buyers,
and comply with any reasonable requests from Commission representatives
related to those sales;
c. Individual Defendant Sami Charchian and Relief Defendant
Bahareh Ramin shall immediately transfer, by electronic fund transfer in
accordance with instructions provided by a representative of the Commission, the
proceeds from the sale of each of the Vehicles to the Commission within three (3)
days from the date of sale;
d. If, after four (4) months from the date of entry of this Order,
any of the Vehicles have not been sold, Individual Defendant Sami Charchian
Relief Defendant Bahareh Ramin shall immediately retain an auction company,
and direct such auction company to sell each property at a public auction. Any
and all costs associated with the auction of the Vehicles shall be deducted from
the proceeds of such sales. All net proceeds shall be paid to the Commission by
electronic fund transfer in accordance with instructions provided by a
representative of the Commission within three (3) days of the date of auction.
Any sheriff, title company, or other person involved in such sale or auction may
rely on this Order as authority to deliver the net proceeds to the Commission;
e. As long as any of the Vehicles are owned by Individual
Defendant Sami Charchian and Relief Defendant Bahareh Ramin, they shall be
maintained in good working order and in the same condition as of the date of the
entry of the Temporary Restraining Order on December 3, 2013, and Individual
Defendant Sami Charchian and Relief Defendant Bahareh Ramin shall take no
action to diminish or encumber their value;
f. Until Individual Defendant Sami Charchian and Relief
Defendant Bahareh Ramin transfer the proceeds of the sale of the Vehicles to the
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 12 of 27 Page ID #:1722
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 13 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Commission, they shall remain current on all amounts due and payable on the
Vehicles, including, but not limited to, tax, insurance, reasonable and necessary
maintenance, registration, and similar fees. Individual Defendant Sami Charchian
and Relief Defendant Bahareh Ramin shall cause existing insurance coverage for
the Vehicles to remain in force until the transfer of ownership. In the event that
the Vehicles suffer any loss or damage covered by such insurance policy,
Individual Defendant Sami Charchian and Relief Defendant Bahareh Ramin shall
make such claims as are permitted by the insurance policy and shall assign or
remit any insurance payment they receive as a result of such loss or damage to the
Commission;
g. Individual Defendant Sami Charchian and Relief Defendant
Bahareh Ramin shall in no way profit from the sale of the Vehicles, including by
sharing in any sales commission or fee, or by receiving anything of value in kind;
and
h. Upon sale of the Vehicles, Individual Defendant Sami
Charchian and Relief Defendant Bahareh Ramin forever waive, release,
discharge, and disclaim all right, title, and interest in the Vehicles.
C. Stipulating Defendants grant to the Commission all rights and claims
they have to any assets currently in the possession, custody, or control of the
Receiver, including, but not limited to, all funds transferred to the Receiver from
the following accounts:
a. JP Morgan Chase account ending 7023, held in
the name of Applied Design Services, Inc.;
b. JP Morgan Chase account ending 7487, held in
the name of Cream Group, Inc.;
c. US Bank account ending 7268, held in the name
of Cream Group, Inc.;
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 13 of 27 Page ID #:1723
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 14 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
d. Bank of America account ending 2431, held in
the name of Oro Marketing, Inc.; and
e. Bank of America account ending 3598, held in
the name of Oro Marketing, Inc.
D. Upon completion of all obligations under Subsections III.B. through
III.C., above, including all asset transfers and payments, the remainder of the
judgment set forth in Subsection III.A. is suspended, subject to the following:
1. The Commission’s agreement to the suspension of part of the
judgment is expressly premised upon the truthfulness, accuracy, and completeness
of Stipulating Defendants’ sworn financial statements and related documents
(collectively, “financial representations”) submitted to the Commission, namely:
a. the sworn Corporate Financial Statement of Cream
Group, Inc., signed on October 1, 2014, including all
attachments and enclosures, submitted by counsel for
Corporate Defendant Cream Group, Inc., via Secure File
Transfer on October 1, 2014, at 5:18 pm;
b. the sworn Individual Financial Statement of Individual
Defendant Sami Charchian, signed on December 30,
2013, including all attachments and enclosures,
submitted by counsel for Individual Defendant Sami
Charchian via email on December 30, 2013, at 3:30 pm,
and as amended and signed on October 1, 2014,
including all attachments and enclosures, submitted by
counsel for Individual Defendant Sami Charchian via
Secure File Transfer on October 1, 2014, at 5:18 pm,
and further amended via email on October 2, 2014 at
2:58 pm;
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 14 of 27 Page ID #:1724
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 15 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c. all documents and information submitted by counsel for
Individual Defendant Sami Charchian via email on
September 15, 2014, at 9:26 am, including an appraisal
for Individual Defendant Sami Charchian’s residence in
Los Angeles, California;
d. all documents and information submitted by counsel for
Individual Defendant Sami Charchian via email on
August 27, 2014, at 2:49 pm, including photographs of
Individual Defendant Sami Charchian’s residence in
Los Angeles, California;
e. all documents and information submitted by counsel for
Individual Defendant Sami Charchian via email on
January 23, 2014, at 10:26 am, including information
concerning the payment of property taxes;
f. all documents and information submitted by counsel for
Individual Defendant Sami Charchian via email on
January 22, 2014, at 4:52 pm, including information
concerning the payment of homeowners’ insurance and
property taxes; and
g. Stipulating Defendants’ representations that none of the
properties described in Subsections III.B., above, are
currently encumbered by any other lien, mortgage, deed
of trust, assignment, pledge, security interest, or other
interest, except as disclosed in the financial
representations identified above.
2. The suspension of the judgment will be lifted as to Stipulating
Defendants if, upon motion by the Commission, the Court finds that Stipulating
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 15 of 27 Page ID #:1725
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 16 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Defendants failed to disclose any material asset, materially misstated the value of
any asset, or made any other material misstatement or omission in the financial
representations identified above; and
3. If the suspension of the judgment is lifted, the judgment
becomes immediately due as to Stipulating Defendants in the amount specified in
Subsection III.A., above, less any payment previously made pursuant to this
Section III., plus any interest computed from the date of entry of this Order.
IV. ADDITIONAL MONETARY PROVISIONS
IT IS FURTHER ORDERED that:
A. Stipulating Defendants and Relief Defendants relinquish dominion
and all legal and equitable right, title, and interest in all assets transferred pursuant
to this Order and may not seek the return of any assets.
B. The facts alleged in the First Amended Complaint will be taken as
true, without further proof, in any subsequent civil litigation by or on behalf of the
Commission, including in a proceeding to enforce its rights to any payment or
monetary judgment pursuant to this Order, such as a nondischargeability
complaint in any bankruptcy case.
C. The facts alleged in the First Amended Complaint establish all
elements necessary to sustain an action by the Commission pursuant to Section
523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order
will have collateral estoppel effect for such purposes.
D. Stipulating Defendants acknowledge that their Taxpayer
Identification Numbers (Social Security Numbers or Employer Identification
Numbers), which Stipulating Defendants previously submitted to the
Commission, may be used for collecting and reporting on any delinquent amount
arising out of this Order, in accordance with 31 U.S.C. § 7701.
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 16 of 27 Page ID #:1726
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 17 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
E. All money paid to the Commission pursuant to this Order may be
deposited into a fund administered by the Commission or its designee to be used
for equitable relief, including consumer redress and any attendant expenses for
the administration of any redress fund. If a representative of the Commission
decides that direct redress to consumers is wholly or partially impracticable or
money remains after redress is completed, the Commission may apply any
remaining money for such other equitable relief (including consumer information
remedies) as it determines to be reasonably related to Defendants’ practices
alleged in the First Amended Complaint. Any money not used for such equitable
relief is to be deposited to the U.S. Treasury as disgorgement. Stipulating
Defendants and Relief Defendants have no right to challenge any actions the
Commission or its representatives may take pursuant to this Subsection.
F. The Preliminary Injunction’s freeze of the Stipulating Defendants’
and Relief Defendants’ assets shall remain in effect until the assets have been
transferred in accordance with Subsections III.B. – C. Provided, however, that
the asset freeze may be lifted as to the Stipulating Defendants and Relief
Defendants to the extent necessary to comply with the transfer and turnover
requirements of Subsections III.B. – C. Upon compliance with the transfer and
turnover requirements of Subsections III.B. – C., the freeze on the assets of
Individual Defendant Sami Charchian and Relief Defendants pursuant to the
Stipulated Preliminary Injunction entered in this action is lifted.
V. APPOINTMENT AND DUTIES OF LIQUIDATOR RECEIVER
IT IS FURTHER ORDERED that the Permanent Receiver in this matter, is
appointed as Liquidator Receiver, with all the rights and powers of an equity
receiver, over the Real Property listed in Subsection III.B.2.
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 17 of 27 Page ID #:1727
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 18 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A. As soon as reasonably possible, the Liquidator Receiver shall, at
reasonable cost and in a commercially reasonable fashion, liquidate, without
further approval from the Court, the Real Property for fair market value.
B. Upon Individual Defendant Sami Charchian’s and Relief
Defendants’ transfer of possession, the Liquidator Receiver shall assume
responsibility for management and maintenance of the Real Property, including,
but not limited to, making disbursements for operating expenses as may be
appropriate, undertaking repairs, procuring appropriate insurance or modifying
existing insurance, making payment for all amounts due and payable on the Real
Property, including, but not limited to, taxes, insurance, homeowner’s
assessments, reasonable and necessary maintenance, and similar fees, and making
payments for and taking any other actions necessary to efficiently manage the
Real Property and to maintain their value.
C. The Liquidator Receiver shall have all necessary powers to manage
and maintain the Real Property, including without limitation, the following
powers and responsibilities:
1. To take possession of the Real Property;
2. To employ such counsel, real estate agents, auctioneers,
appraisers, accountants, contractors, other professionals, and other such persons,
including maintenance and repair persons, as may be necessary in order to carry
out its duties as Liquidator Receiver and to preserve, maintain, and protect the
Real Property;
3. To determine or abrogate, in the Liquidator Receiver’s sole
sound business discretion, any and all agreements, contracts, understandings, or
commitments entered into by Individual Defendant Sami Charchian and Relief
Defendants with respect to the Real Property to the extent permitted by law;
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 18 of 27 Page ID #:1728
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 19 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4. To open new accounts with, or negotiate, compromise or
otherwise modify Individual Defendant Sami Charchian’s and Relief Defendants’
existing obligations to third parties, including utility companies, secured creditors,
other service providers or suppliers of goods and services related to the Real
Property, and to otherwise enter into such agreements, contracts, or understanding
with such third parties as are necessary to maintain, preserve, and protect the Real
Property;
5. To open new bank accounts with respect to the Liquidator
Receiver’s management and operation of the Real Property; and
6. To rent the Real Property to third parties, until the Real
Property is sold.
D. The Liquidator Receiver shall keep a true and accurate account of
any and all receipts and expenditures and periodically file with the Court a
Liquidatorship Report under oath, accurately identifying all such revenues
received and expenditures made, including adequately detailed information
concerning income, expenses, payables, and receivables. These periodic filings
shall be served by the Liquidator Receiver on the Commission and Stipulating
Defendants’ and Relief Defendants’ counsel.
E. Any and all sums collected by the Liquidator Receiver over and
above those necessary to manage and maintain the Real Property or those
necessary to make payments authorized by this Order shall be paid to the
Commission.
F. The Liquidator Receiver is entitled to reasonable compensation for
the performance of duties pursuant to this Order and for the cost of actual out-of-
pocket expenses incurred by it. The Liquidator Receiver’s compensation and the
compensation of any persons hired by it are to be paid solely from the proceeds of
the sale of the Real Property and other sums collected by the Liquidator Receiver
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 19 of 27 Page ID #:1729
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 20 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
pursuant to this Section V., and such payments shall have priority over all other
distributions except for any transfer fees, recording fees, or other payments owed
through the transfer of the Real Property at the time of their sale. The Liquidator
Receiver shall file with the Court and serve on the Commission and Individual
Defendant Sami Charchian and Relief Defendants periodic requests for the
payment of such reasonable compensation. The Liquidator Receiver shall not
increase the fees or rates used as the bases for such fee applications without prior
approval of the Court.
G. The Liquidator Receiver shall file its final application for fees,
complete liquidation, and terminate its service within twelve (12) months of the
execution of this Order unless good cause is shown to extend beyond twelve (12)
months.
H. Upon the final transfer of all funds to the Commission pursuant to
this Section, the duties of the Liquidator Receiver shall terminate.
I. The powers and duties of the Liquidator Receiver under this Order
are in addition to, and not in lieu of, its powers and duties as the Court-appointed
Receiver in this matter. Nothing in Sections III. or V. of this Order shall be
construed to, nor does, limit the powers and duties of the Receiver as set forth in
the prior Orders of this Court in this litigation, which powers and duties shall
continue until the termination of the entire Receivership in this litigation. Further,
nothing in this Order limits the obligations of any Defendant or third party to
cooperate with the Receiver as set forth in the Court’s prior Orders until
termination of the entire Receivership.
VI. CONTINUATION OF RECEIVERSHIP
IT IS FURTHER ORDERED that the Receiver shall continue to exercise
its full powers, including, but not limited to, those powers set forth in the
Preliminary Injunction, and including full liquidation powers. The Receiver is
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 20 of 27 Page ID #:1730
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 21 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
directed to wind down the Corporate Defendant and liquidate, for fair market
value, any assets of the Corporate Defendant that the Receiver obtained pursuant
to the Preliminary Injunction as well as any other assets of the Receivership. To
the extent that the assets of the Receivership estate are insufficient to cover the
Court-approved costs of the Receiver, the Receiver may recover its Court-
approved costs from the assets of the Liquidator Receivership. The Receiver
must complete all remaining actions concerning the Receivership over the
Corporate Defendant and terminate the receivership over them within 180 days
after entry of the final order resolving the Commission’s claims against the last
Defendant in this action. Provided, however, that any party or the Receiver may
request that the Court extend that Receiver’s term for a specified term for good
cause. Upon termination of the receivership, and final payment to the Receiver of
all approved fees, costs, and expenses, the Receiver shall turn over to the FTC or
its designated agent all remaining assets in the receivership estate.
VII. CUSTOMER INFORMATION
IT IS FURTHER ORDERED that Stipulating Defendants, Stipulating
Defendants’ officers, agents, servants, employees, and attorneys, and all other
persons in active concert or participation with any of them, who receive actual
notice of this Order are permanently restrained and enjoined from directly or
indirectly:
A. Failing to provide sufficient customer information to enable the
Commission to efficiently administer consumer redress. If a representative of the
Commission requests in writing any information related to redress, Stipulating
Defendants must provide it, in the form prescribed by the Commission, within
fourteen (14) days;
B. Disclosing, using, or benefitting from customer information,
including the name, address, telephone number, email address, social security
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 21 of 27 Page ID #:1731
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 22 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
number, other identifying information, or any data that enables access to a
customer’s account (including a credit card, bank account, or other financial
account), that any Defendant obtained prior to entry of this Order in connection
with the marketing or sale of goods or services; and
C. Failing to destroy such customer information in all forms in their
possession, custody, or control within thirty (30) days after receipt of written
direction to do so from a representative of the Commission. Disposal shall be by
means that protect against unauthorized access to the customer information, such
as by burning, pulverizing, or shredding any papers, and by erasing or destroying
any electronic media, to ensure that the customer information cannot practicably
be read or reconstructed. Provided, however, that customer information need not
be disposed of, and may be disclosed, to the extent requested by a government
agency or required by law, regulation, or court order.
VIII. PROHIBITION ON COLLECTING ON ACCOUNTS
IT IS FURTHER ORDERED that Stipulating Defendants, Stipulating
Defendants’ officers, agents, servants, employees, attorneys, and all other persons
in active concert or participation with any of them who receive actual notice of
this Order, whether acting directly or indirectly, are permanently restrained and
enjoined from attempting to collect, collecting, or assigning any right to collect
payment from any consumer who purchased or agreed to purchase any good or
service from any Defendant.
IX. ORDER ACKNOWLEDGEMENTS
IT IS FURTHER ORDERED that Stipulating Defendants obtain
acknowledgements of receipt of this Order:
A. Each Stipulating Defendant, within seven (7) days of entry of this
Order, must submit to the Commission an acknowledgment of receipt of this
Order sworn under penalty of perjury.
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 22 of 27 Page ID #:1732
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 23 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. For five (5) years after entry of this Order, Individual Defendant
Sami Charchian, for any business that he, individually or collectively with any
other Defendant, is the majority owner or controls directly or indirectly, and the
Corporate Defendant, must deliver a copy of this Order to: (1) all principals,
officers, directors, and LLC managers and members; (2) all employees, agents,
and representatives who participate in conduct related to the subject matter of the
Order; and (3) any business entity resulting from any change in structure as set
forth in the section of this Order titled Compliance Reporting. Delivery must
occur within seven (7) days of entry of this Order for current personnel. For all
others, delivery must occur before they assume their responsibilities.
C. From each individual or entity to which a Stipulating Defendant
delivered a copy of this Order, that Defendant must obtain, within thirty (30)
days, a signed and dated acknowledgment of receipt of this Order.
X. COMPLIANCE REPORTING
IT IS FURTHER ORDERED that Stipulating Defendants make timely
submissions to the Commission:
A. One (1) year after entry of this Order, each Stipulating Defendant
must submit a compliance report, sworn under penalty of perjury:
1. Each Stipulating Defendant must: (a) identify the primary
physical, postal, and email address and telephone number, as designated points of
contact, which representatives of the Commission may use to communicate with
Defendant; (b) identify all of that Defendant’s businesses by all of their names,
telephone numbers, and physical, postal, email, and Internet addresses; (c)
describe the activities of each business, including the goods and services offered,
the means of advertising, marketing, and sales, and the involvement of any other
Defendant (which Individual Defendant Sami Charchian must describe if he
knows or should know due to his own involvement); (d) describe in detail
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 23 of 27 Page ID #:1733
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 24 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
whether and how that Defendant is in compliance with each Section of this Order;
and (e) provide a copy of each Order Acknowledgment obtained pursuant to this
Order, unless previously submitted to the Commission.
2. Additionally, Individual Defendant Sami Charchian must: (a)
identify all telephone numbers and all physical, postal, email and Internet
addresses, including all residences; (b) identify all business activities, including
any business for which such Defendant performs services whether as an employee
or otherwise and any entity in which such Defendant has any ownership interest;
and (c) describe in detail such Defendant’s involvement in each such business,
including title, role, responsibilities, participation, authority, control, and any
ownership.
B. For ten (10) years after entry of this Order, each Stipulating
Defendant must submit a compliance notice, sworn under penalty of perjury,
within fourteen (14) days of any change in the following:
1. Each Stipulating Defendant must report any change in: (a) any
designated point of contact; or (b) the structure of any Corporate Defendant or
any entity that Stipulating Defendant has any ownership interest in or controls
directly or indirectly that may affect compliance obligations arising under this
Order, including: creation, merger, sale, or dissolution of the entity or any
subsidiary, parent, or affiliate that engages in any acts or practices subject to this
Order.
2. Additionally, Individual Defendant Sami Charchian must
report any change in: (a) name, including aliases or fictitious name, or residence
address; or (b) title or role in any business activity, including any business for
which he performs services whether as an employee or otherwise and any entity
in which he has any ownership interest, and identify the name, physical address,
and any Internet address of the business or entity.
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 24 of 27 Page ID #:1734
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 25 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. Each Stipulating Defendant must submit to the Commission notice of
the filing of any bankruptcy petition, insolvency proceeding, or similar
proceeding by or against such Stipulating Defendant within fourteen (14) days of
its filing.
D. Any submission to the Commission required by this Order to be
sworn under penalty of perjury must be true and accurate and comply with
28 U.S.C. § 1746, such as by concluding: “I declare under penalty of perjury
under the laws of the United States of America that the foregoing is true and
correct. Executed on: _______” and supplying the date, signatory’s full name,
title (if applicable), and signature.
E. Unless otherwise directed by a Commission representative in
writing, all submissions to the Commission pursuant to this Order must be
emailed to DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal
Service) to: Associate Director for Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580. The subject line must begin: FTC v. Cream Group, Inc., et al. (FTC
Matter No. X140010).
XI. RECORDKEEPING
IT IS FURTHER ORDERED that Stipulating Defendants must create
certain records for ten (10) years after entry of the Order, and retain each such
record for five (5) years. Specifically, Corporate Defendant and Individual
Defendant Sami Charchian for any business that he, individually or collectively
with any other Defendant, is a majority owner or controls directly or indirectly,
must create and retain the following records:
A. accounting records showing the revenues from all goods or services
sold;
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 25 of 27 Page ID #:1735
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 26 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. personnel records showing, for each person providing services,
whether as an employee or otherwise, that person’s: name; addresses; telephone
numbers; job title or position; dates of service; and (if applicable) the reason for
termination;
C. records of all consumer complaints and refund requests, whether
received directly or indirectly, such as through a third party, and any response;
D. all records necessary to demonstrate full compliance with each
provision of this Order, including all submissions to the Commission; and
E. a copy of all scripts, training materials, unique advertisements, or
other marketing materials.
XII. COMPLIANCE MONITORING
IT IS FURTHER ORDERED that, for the purpose of monitoring
Stipulating Defendants’ compliance with this Order, and any failure to transfer
any assets as required by this Order:
A. Within fourteen (14) days of receipt of a written request from a
representative of the Commission, each Stipulating Defendant must: submit
additional compliance reports or other requested information, which must be
sworn under penalty of perjury; appear for depositions; and produce documents
for inspection and copying. The Commission is also authorized to obtain
discovery, without further leave of court, using any of the procedures prescribed
by the Federal Rules of Civil Procedure 29, 30 (including telephonic depositions),
31, 33, 34, 36, 45, and 69.
B. For matters concerning this Order, the Commission is authorized to
communicate directly with each Stipulating Defendant. Stipulating Defendants
must permit representatives of the Commission to interview any employee or
other person affiliated with any Defendant who has agreed to such an interview.
The person interviewed may have counsel present.
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 26 of 27 Page ID #:1736
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION - 27 Case No. CV-13-08843-JFW (PLAx)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C. The Commission may use all other lawful means, including posing,
through its representatives, as consumers, suppliers, or other individuals or
entities, to Stipulating Defendants or any individual or entity affiliated with
Defendants, without the necessity of identification or prior notice. Nothing in this
Order limits the Commission’s lawful use of compulsory process, pursuant to
Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1.
XIII. RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court retains jurisdiction of this
matter for purposes of construction, modification, and enforcement of this Order.
SO ORDERED this 22nd day of December, 2014.
______________________ U.S. District Judge John F. Walter
//
//
//
//
Case 2:13-cv-08843-JFW-PLA Document 108 Filed 12/22/14 Page 27 of 27 Page ID #:1737
top related